School of Law

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Browsing School of Law by Author "Kibwana, Kivutha"

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    An Introduction to Law and the Legal System
    (Claripress Ltd., 1997) Kibwana, Kivutha
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    Becoming a Governor Was Never Part of My Plan
    (Tv 47 digital, 2025-12) Kibwana, Kivutha
    Former Makueni Governor Prof. Kivutha Kibwana has revealed that leading a county was never part of his initial ambitions. Speaking on Thursday December 5, 2024, Kibwana shared that his original goal was to chair the Constitution Implementation Commission (CIC), a position he actively pursued but ultimately did not secure. “I didn’t really plan to be a governor,” Kibwana said. “I thought I was going to be chair of the Commission on the Implementation of the Constitution, but those days, to get that position, there had to be concurrence between Hon. Raila Odinga and President Kibaki.” Kibwana explained that while he performed well in the interviews, the lack of agreement between the grand coalition government leaders ,President Mwai Kibaki and Prime Minister Raila Odinga meant he did not get the role. After a conversation with President Kibaki, who confirmed the position was out of reach, Kibwana pivoted to electoral politics and ran for governor.He further noted that even his decision to enter parliament was linked to his commitment to constitutional reforms. At the time, Kibwana believed that being a parliamentarian would enhance his chances of contributing to Kenya’s constitutional changes. “I became a member of parliament because I thought the Constitution had reached a point where the decision was going to be made in parliament. I wanted to play a role in its implementation,” he said, reflecting on his journey as an activist involved in constitutional reform. During his two terms as Makueni Governor, Kibwana distinguished himself as one of Kenya’s top-performing county leaders, frequently topping rankings and earning widespread acclaim for his transformative governance.
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    Constitutionalism in East Africa: Progress, Challenges and Prospects In 1999
    (Fountain Publishers, 2001) Kibwana, Kivutha; Maina, Peter Chris; Nyangabyaki, Bazaara
    These essays by East African university professors of law, trace the course of constitutional development in East Africa since independence, and analyse the trends of constitutionalism in 1999. The essays cover: constitutional development in Kenya; constitution making in Tanzania; and the mixed results of Uganda's constitutional development. This is the first of planned annual comparative reviews of constitutionalism in East Africa intending to inform public debate on the progress, challenges and prospects of constitutional development in the region
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    Fundamental Rights and Freedoms in Kenya
    (Oxford University Press., 1990) Kibwana, Kivutha
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    Good Governance and Accountability in Kenya : The Next Step Forward
    (Claripress Ltd., 1994) Owiti, Okech; Kibwana, Kivutha
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    HIV / AIDS and the law in Kenya: preliminary observations
    (Institute of Development Studies, 1992) Kibwana, Kivutha
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    Kenya's Constitution Strong, but Accountability Remains Weak
    (The standard, 2025-04-28) Kibwana, Kivutha
    Former Makueni Governor Prof Kivutha Kibwana has called out the government for failing to fully implement the constitution, warning that key institutions are being undermined. Speaking on Spice FM on Monday, April 28, Kibwana said the constitution remains strong on paper but is not being effectively enforced. “We have a strong constitution, but up to now, we have not implemented it fully and done the things that the constitution says we need to do,” he said, adding, “These institutions are trying to do their jobs, but even as they do so, they are under attack.” He also pointed to weak parliamentary oversight, accusing MPs of being controlled by political kingpins. “Many MPs are controlled by the kingpin, and they accept directives to secure their political future,” Kibwana explained. He specifically criticised the Constituency Development Fund (CDF), which he said leads to the misuse of public funds. “In the National Assembly, they are often influenced by the CDF, which leads to monkey business,” he added. Kibwana also accused members of county assemblies (MCAs) of being co-opted through contracts, undermining accountability at the local level.“If you interrogate closely, you might find that in many counties, MCAs are given contracts or their proxies,” he said.Despite the challenges, Kibwana remains firm that the constitution is strong, but he urged for more action to ensure its proper implementation. At the same time, Kibwana expressed concern about the capture of constitutional commissions, including the Judicial Service Commission (JSC), by the Executive.
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    Kuunda katiba yetu: maswali ya kujibu
    (Centre for Law and Research International, 2001) Kibwana, Kivutha
    Making our constitution: questions to be answered
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    Law and the Quest for Gender Equality in Kenya
    (Claripress Ltd, 2000) Kibwana, Kivutha; Mute, Lawrence M.
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    Law and the Status of Women in Kenya: the Example of Laikipia District
    (Institute for Development Studies, 1992) Kibwana, Kivutha
    This paper explores the question: how does law affect women's participation in development in Kenya generally and Laikipia District in particular within the framework of economic, social, cultural and related factors. Thus it seeks to determine the nature extent and impact of gender discrimination against women from a legal stand-point. Through field data obtained in Laikipia, three types of legal constraints - constraints emanating from legal sanction, ineffectual law and legal lacunae which undermine women's participation in development are identified. Finally, a reform agenda is proposed. In the paper, an attempt is made to examine the legal problems encountered by: : women en masse : upper and middle class women : peasant and working class women (working women) due to a) general exploitation of working class people in a capitalist system b) exploitation and discrimination by upper and middle class men and women c) exploitation and discrimination by oppressed and exploited spouse or "boy-friend" and his relatives. It is concluded, inter alia, that because women in both rural and urban settings hardly have land rights, credit, employment or business opportunities, their independent contribution to free enterprise development is significantly curtailed. Further women's participation in development would be enhanced if there was a guarantee of personal access to the fruits of their labour. By distancing women from the means of production and the products of their labour, society pays by having a lower level of development than would otherwise occur.
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    Law and the struggle for democracy in East Africa
    (Claripress Ltd, 1996) Oloka-Onyango, Joseph; Kibwana, Kivutha; Peter, Chris Maina
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    Sowing the Constitutional Seed in Kenya
    (Claripress Ltd, 1996) Kibwana, Kivutha
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    The Anatomy of Corruption in Kenya: Legal, Political and Socio-Economic Perspectives
    (Claripress Limited, 1996) Kibwana, Kivutha ; Wanjala, Smokin; Owiti, Okech
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    The citizen and the Constitution
    (Claripress Ltd, 1996) Kibwana, Kivutha; Kimondo, George Kanyi; Gathii, James Thuo
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    These Words: An Anthology of Poems
    (One Planet Publishing & Media Services Limited, 2021) Kibwana, Kivutha
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    Walk With Me, God
    (Word alive, 2005) Kibwana, Kivutha
    The book provides vivid snapshots of spellbinding landscapes, vanishing wildlife, old world courtesies and ancient storytelling, conjuring the image of a continent torn between the demands of the twenty first century and ancient traditions. The author recalls his sojourns across Africa with exhilaration and warm affection for the humor and resilience of the people he encounters in each country.
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    Women and Autonomy in Kenya: Law Reform and the Quest for Gender Equality
    (Centre for Law and Research International, 1994) Kibwana, Kivutha; Owiti, Okech